§ 7-100. Vessels constituting nuisances; remedies.

(a)

Offending vessels declared nuisances. Vessels in violation of this article are hereby declared to endanger public health, safety and welfare and to be public nuisances.

(b)

Notice. If the county administrator finds and determines that a vessel constituting a public nuisance is located within the boundaries of Hernando County, he shall so notify the record owner of the offending vessel or his lawful agent. In the case of a vessel moored at or adjacent to abutting land, the record owner of any such land shall also be notified. Notice shall be required only to the record owner of affected land if the record owner of the offending vessel or his lawful agent cannot be ascertained. The notice shall be in writing and shall demand that such owners cause the condition to be remedied. The notices shall be given by certified or registered mail, addressed to the owner or owners of the vessel or the owner or owners of property described, as applicable, as their names and addresses are known to the administrator or are shown upon the records of the State of Florida, the Hernando County Property Appraiser or the public records of Hernando County, Florida, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. In the event that such notices are returned by postal authorities the administrator shall cause a copy of the notices to be served by a law enforcement officer upon the owner of the offending vessel or his lawful agent and upon the occupant of the land, the owner, or upon any agent of the owner thereof. In the event that personal service upon the owner of the offending vessel or his lawful agent or upon the occupant of the land, the owner, or upon any agent of the owner thereof cannot be performed after reasonable search by a law enforcement officer the notices shall be accomplished by physical posting on the said property.

The notices shall be in substantially the following form:

NOTICE OF PUBLIC NUISANCE
(VESSEL__________)

Name of Owner of Vessel or his Lawful Agent

______________________

Address of Owner of Vessel or his Lawful Agent

_____
_____

Our records indicate that you are the owner(s) or lawful agent of the owner of the following vessel in Hernando County, Florida:

(describe vessel)

An inspection of this vessel and its surrounds discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Hernando County Vessel Mooring and Nuisance Vessel Removal Code in that:

(describe here the condition which places the vessel in violation)

You are hereby notified that unless the condition above described is remedied so as to make it nonviolative of the Hernando County Vessel Mooring and Nuisance Vessel Removal Code within twenty (20) days from the date hereof, Hernando County will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the vessel if not otherwise paid within thirty (30) days after receipt of billing.

Hernando COUNTY, FLORIDA

By:___________
  County Administrator

NOTICE OF PUBLIC NUISANCE
(VESSEL __________)

Name of Owner of Land or his Lawful Agent

______________________

Address of Owner of Land or his Lawful Agent

_____
_____

Our records indicate that you are the owner(s) or lawful agent of the owner of the following land in Hernando County, Florida:

(describe property)

An inspection of this land discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Hernando County Vessel Mooring and Nuisance Vessel Removal Code in that:

(describe here the condition which places the property in violation)

You are hereby notified that unless the condition above described is remedied so as to make it nonviolative of the Hernando County Vessel Mooring and Nuisance Vessel Removal Code within twenty (20) days from the date hereof, Hernando County will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the land if not otherwise paid within thirty (30) days after receipt of billing.

Hernando COUNTY, FLORIDA

By:___________
  County Administrator

(c)

Hearing. Within twenty (20) days after the mailing of notice of public nuisance to him, the owner of a vessel which is the subject of such notice may make written request to the board of county commissioners for a hearing before that body to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance. At the hearing the county and the vessel owner may introduce such evidence as is deemed necessary.

Within twenty (20) days after the mailing of notice of public nuisance to him, the owner of the land which is the subject of such notice may make written request to the board of county commissioners for a hearing before that body to show:

(1)

That the condition alleged in the notice does not exist;

(2)

That such condition does not constitute a public nuisance; or

(3)

That the vessel moored beside or tangential to the owner's land was moored or positioned there without the said land owner's consent, and that the said land owner receives no rental or other similar benefit from the owner of the vessel or his agent.

At the hearing the county and the land owner may introduce such evidence as is deemed necessary.

(d)

Condition may be remedied by county. If within twenty (20) days after the mailing or posting of the notices no hearing has been requested and the condition described in the notice has not been remedied, the county administrator shall cause the condition to be remedied by Hernando County at the expense of either vessel owner or the land owner or both of these property owners, jointly or severally. If a hearing has been held and has been concluded adversely to either or both of these property owners, the county administrator may cause the condition to be remedied by Hernando County at the expense of either or both of these property owners unless the commission directs otherwise. Actions taken by the county administrator to remedy the said condition may include but are not limited to pumping out vessels, providing lines for vessels, installing cleats, bitts, bollards or pilings adequate to keep vessels securely moored, and removing and destroying vessels abandoned or left in a derelict condition and having only nominal or junk value. Persons designated by the administrator to remedy the said conditions are hereby expressly authorized to enter upon the said property described in the notices set out herein. Upon ordering a condition to be remedied by the county, the county administrator shall cause to be recorded in the public records a notice of vessel mooring lien pending, which shall include a description of the vessel and land involved and a statement that the mooring of a vessel or its destruction in accordance with this article has been ordered, the cost of which shall under this article constitute a lien. The said notice of vessel mooring lien pending shall, twelve (12) months after the date thereof be null and void and constitute no record notice of a pending lien. After remedying the nuisance, the county administrator shall certify the expenses incurred in effecting the proper vessel mooring or destruction, and shall include a copy of the notice described in the preceding sentence, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the vessel or land or both, together with costs of recordation of all documents required to be recorded hereby and with interest at the rate of six (6) percent per annum from the date of such certification until paid; provided however, that the said lien may be satisfied at any time by the payment of the entire sum due plus accrued interest, recordation costs, and such expenses and penalties as may result from the advertisement and sale of certificates for delinquent liens as hereinafter set out. The county administrator shall file for record a notice of lien pertaining to such lien in the office of the clerk of the circuit court, and shall keep complete records relating to the amount payable thereon. The amount of liens accruing during any year ending on June first shall be billed and mailed in the fall of the same year to the owners of the vessel, the land, or both of these properties subject to such liens at the same time as tax statements for ad valorem taxes are mailed, and if the said amount shall not be paid on or before April first of the following year, the lien shall be delinquent, overdue, and in default, and the entire amount of the lien shall be collected in the same manner as delinquent taxes by advertisement and sale of certificates. Upon full payments of liens provided hereby or sale certificates resulting therefrom, the director of finance shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the public records. The cost of recordation of the notice of vessel mooring lien pending, the notice of lien, and the satisfaction of lien shall be secured by the lien hereby provided.

(e)

Right of action to collect costs. If the costs of remedying the condition constituting a nuisance shall not be paid when due and payable, as provided herein, the said land owner or owners and also the owner or owners of the offending vessel constituting a nuisance shall be liable to Hernando County for the said costs and Hernando County shall have a right of civil action against either the said land owners or said vessel owners or against both of them. This remedy shall be cumulative and in addition to other remedies elsewhere provided.

(Ord. No. 2003-20, § 10, 11-18-03)